Man pleads guilty to making videos in State Fair rest room

James E. Hurlburt Jr leaves state Supreme CourtJames E. Hurlburt Jr. (at right) leaves state Supreme Court in Syracuse today with his husband, Patrick Barry, and lawyer Amy Ciota after pleading guilty to a felony charge of second-degree unlawful surveillance involving allegations he videotaped men and boys at a urinal in a restroom at the New York State Fair two years ago. A resident of the Rochester area, he faces 10 years' probation, 1,000 hours of community service and registration as a convicted sex offender. Video by Jim O'Hara.

Syracuse, NY - A Monroe County man accused of videotaping men and boys using a rest room at the New York State Fair two years ago pleaded guilty today in state Supreme Court in Syracuse.

James E. Hurlburt Jr., 48, of Rochester, pleaded guilty before Justice John Brunetti to a single felony count of second-degree unlawful surveillance.

State police accused Hurlburt of using a digital camera on Aug. 29, 2010, to record men and boys at a urinal.

Brunetti promised Hurlburt a sentence of 10 years probation with 1,000 hours of community service. He also will be required to register as a convicted sex offender.

Sentencing was set for Oct. 15.

When state police announced Hurlburt's arrest last November, authorities said it arose out of an unrelated investigation in the Rochester area, but did not elaborate.

Hurlburt's husband, Patrick Barry, today explained that other investigation was a burglary-robbery at the home he shares with Hurlburt.

Barry said he walked in on an intruder rummaging through their house last fall and was threatened at gunpoint before the intruder fled.

When police caught a suspect a short time later, they recovered all the property, including a camera, Barry said. The video from the State Fair restroom was later found on that camera, he said.

Hurlburt declined comment as he left court with Barry.

But defense lawyer Amy Ciota said the incident apparently was an isolated one. Hurlburt has no prior history of any sexual-related offenses and authorities found no other improper sexually-related content on the camera or the defendant's computer, she said.

Assistant District Attorney Cindi Newtown said the video apparently was made through a hole in the wall of one of the bathroom stalls. The prosecutor said it may have only been from one day, but the video recorder had been activated several times that day to make the various recordings found from the bathroom on the camera.

Newtown said she initially was looking to have Hurlburt sentenced to some shock time in jail along with a probationary sentence. But she agreed to the no-jail resolution in exchange for the offer from the defense to have Hurlburt perform the community service, she said.